Loading...
14-R-46 - Green Valley Special UtilityORIGINAL RESOLUTION NO. 14 -R -46 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING RESOLUTION 14 -R -23 APPROVING AND AUTHORIZING AN AMENDED AGREEMENT BETWEEN THE CITY AND GREEN VALLEY SPECIAL UTILITY DISTRICT WITH RESPECT TO THE BOUNDARY LINES OF THE CERTIFICATES OF CONVENIENCE AND NECESSITY HELD BY EACH PROVISION OF WATER SERVICE TO USERS PURSUANT TO THE TEXAS WATER CODE, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz, Texas (the "City ") is the holder of water CCN #10645, issued by the Texas Commission on Environmental Quality (hereinafter "TCEQ "), for the provision of retail water service to certain areas in and about Guadalupe County, Texas, the boundaries of which are more fully described in Exhibit A attached hereto; and WHEREAS, Green Valley Special Utility District ( "Green Valley ") is the holder of water CCN #10646, issued by TCEQ, for the provision of retail water service to certain areas in and about Guadalupe County, Texas, the boundaries of which are more fully described in Exhibit A attached hereto; and WHEREAS, the boundaries of the City CCN and the Green Valley CCN are adjacent to one another; and WHEREAS, pursuant to the Agreement between the City and Green Valley approved by Resolution 14 -R -23, the City agreed to transfer an area contained with the boundaries of the Green Valley CCN to the City, so that such area is removed from the Green Valley CCN and added to the City CCN; and WHEREAS, the City approved Resolution 14 -R -23 on March 18, 2014 accepting the Agreement between the City and Green Valley; and WHEREAS, Green Valley amended the Agreement approved by Resolution 14 -R -23 on March 18, 2014; and WHEREAS, pursuant to the Amended Agreement between the City and Green Valley attached hereto as Exhibit A (the "Agreement "), the City and Green Valley wish to alter the boundaries of their respective CCN's and transfer an area contained with the boundaries of the Green Valley CCN to the City, so that such area is removed from the Green Valley CCN and added to the City CCN. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ; TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Amended Agreement with Green Valley in substantially the form attached hereto as Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 3`d day of June, 2014. A CIT V SC , T EXAS Michael R. Carpenter, Mayor ATTEST: ft�renda Dennis, City Secretary (CITY SEAL) EXHIBIT A AMENDED AGREEMENT BETWEEN THE CITY OF SCHERTZ AND GREEN VALLEY SPECIAL UTILITY DISTRICT COPY AGREEMENT BETWEEN CITY OF SCHERTZ AND GREEN VALLEY SPECIAL UTILITY DISTRICT This Agreement Between City of Schertz and Green Valley Special Utility District (this "Agreement ") is entered into this214 day of Su_y," , 2014, by and between the City of Schertz, a Texas home rule municipality (hereinafter "Schertz "), and Green Valley Special Utility District, a special utility district, created pursuant to Chapter 65 of the Texas Water Code (hereinafter "Green Valley "), with respect to the boundary lines of the Certificates of Convenience and Necessity (hereinafter "CCN's ") held by each for the provision of water service to users pursuant to the Texas Water Code. WHEREAS, Schertz is the holder of water CCN #10645, issued by the Texas Commission on Environmental Quality (hereinafter "TCEQ "), for the provision of retail water service to certain areas in and about Guadalupe County, Texas, the boundaries of which are more fully described in Exhibit "A" attached hereto; and WHEREAS, Green Valley is the holder of water CCN #10646, issued by TCEQ, for the provision of retail water service to certain areas in and about Guadalupe County, Texas, the boundaries of which are more fully described in Exhibit `B" attached hereto; and WHEREAS, the boundaries of the Schertz CCN and the Green Valley CCN are adjacent to one another; and WHEREAS, Schertz and Green Valley wish to alter the boundaries of their respective CCN's and transfer an area contained with the boundaries of the Green Valley CCN to Schertz, so that such area is removed from the Green Valley CCN and added to the Schertz CCN. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Schertz and Green Valley hereby agree as follows: Schertz is the owner and holder of water CCN #10645, the boundaries of which are more fully described in Exhibit "A" attached hereto. 2. Green Valley is the owner and holder of water CCN #10646, the boundaries of which are more fully described in Exhibit `B" attached hereto. 3. There currently exists an 194.56 acre parcel of property (hereinafter the "Property ") northeast of the intersection of Eckhardt Road and Froboese Road in Guadalupe County, commonly known as the Parklands Subdivision, located within the boundaries of CCN #10646 and adjacent to the boundaries of CCN #10645, such Property more fully described in Exhibit "C" attached hereto. Final- Revised Agreement Between City of Schertz and Green Valley special The Property is currently undeveloped. 5. Although the Property is within CCN #10646 held by Green Valley, Green Valley does not currently have any water connections or water facilities within or adjacent to the Property. 6. In accordance with Texas Water Code Section 13.248, but at all times subject to the approval by TCEQ and the United States Department of Agriculture, Rural Development ( "USDA "), Green Valley hereby agrees to the modification of the boundaries of its CCN #10646 to exclude the area contained within the Property, such area to be transferred from Green Valley's CCN #10646 to the area to be encompassed within the Schertz CCN #10645. Schertz shall bear the cost and responsibility of obtaining TCEQ approval of this Agreement, while Green Valley shall bear the cost and responsibility of obtaining USDA approval. Schertz may authorize the affected developer to bear this cost and responsibility on the City's behalf, and the affected developer has agreed to do so. In accordance with Texas Water Code Section 13.248, but at all times subject to the approval by TCEQ, Schertz hereby agrees to the expansion and modification of the boundaries of its CCN #10645 to include the area contained within the Property, such area to be transferred from Green Valley's CCN #10646 to now be encompassed within the Schertz CCN #10645. 8. Green Valley and Schertz agree that no compensation shall be due and owing between Schertz and Green Valley in conjunction with such transfer, since no real or personal property of either party is contained within the Property or is being affected by such transfer. 9. Schertz agrees that, upon approval of the revision to its CCN boundaries by TCEQ to include the Property within the boundaries of its CCN #10645, Green Valley shall have no further obligation to provide retail water service to the Property, and that Schertz shall be solely responsible for the provision of retail water service to the owners and occupants of the Property under such terms and conditions as are allowed under its CCN and any applicable governmental statutes and regulations. General Provisions GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. ALL ACTS REQUIRED OR PERMITTED TO BE PERFORMED HEREUNDER ARE PERFORMABLE IN GUADALUPE COUNTY, TEXAS, AND IT IS AGREED THAT ANY CIVIL ACTION BROUGHT TO ENFORCE OR Final - Revised Agreement Between City of Schertz and Green Valley Special CONSTRUE THE TERMS OR PROVISIONS HEREOF OR TO ENJOIN OR REQUIRE THE PERFORMANCE OF ANY ACT IN CONNECTION HEREWITH, SHALL BE BROUGHT IN A COURT OF COMPETENT JURISDICTION SITTING IN GUADALUPE COUNTY, TEXAS. IT IS AGREED THAT ANY ADMINISTRATIVE LAW ACTION BROUGHT TO ENFORCE OR CONSTRUE THE TERMS OR PROVISIONS HEREOF OR TO ENJOIN OR REQUIRE THE PERFORMANCE OF ANY ACT IN CONNECTION HEREWITH, SHALL BE BROUGHT AT THE TCEQ OR ITS SUCCESSOR AGENCY. Construction and Severability. If this Agreement, or any word, clause, sentence, paragraph or other part thereof, shall be susceptible to more than one or conflicting interpretations, then the interpretation which is more nearly in accordance with the general purposes and objectives of this Agreement shall govern. In the event one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Unintended Omission. If any punctuation, word, clause, sentence or provision necessary to give meaning, validity or effect to any other word, clause, sentence or provision appearing in this Agreement shall be omitted herefrom, then it is hereby declared that such omission was unintentional and that the omitted punctuation, word, clause, sentence or provision shall be supplied by inference. Amendment. This Agreement may not be amended or terminated except by an instrument signed by all parties to this Agreement. Entire Agreement. This Agreement reflects the entire agreement between the parties hereto pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings of the parties in connection herewith. Multiple Counternarts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which together shall be construed as one and the same instrument. WHEREFORE, this Agreement is executed this )JA day of 3u,� 2014, at SCkuA-z , Texas. SCHERTZ: Final - Revised Agreement Between City ofSchertz and Green Valley Special a ACKNOWLEDGED AND AGREED TO BY: Parklands Subdivision�.Propert}� Owner By: _ Name: Title: a GREEN VALLEY: Green n Special By: _ Name: Title: Filial- Revised Agreemem Between City of Schertz and Green Valley Special Utility District clew Excurr r TRACTI 194.56 ACRES STATE OF TEXAS COUNTY OF GUADALUPE Field notes for a 194.56 acre tract of land out of the Carrol M Gahogan, Jr, Survey Number 25, Abstract Number 142, situated in Guadalupe County, Texas „being comprised oftbe following tracts: (TRACT 1) being 49.59 acres in a deed from Hugo Zuercher and wife, Elise Zuercher to Elsa Zuercher and husband, Eugene Froboese, recorded in Volume 338, Pago 6 of the Deed Records of Guadalupe County, Texas; . (TRACT 11), being 10,13 acre tract of land out of the John Noyes Survey. No. 259, Abstract 253 in Guadalupe County, Texas, being 10.13 acre tract out of a called 163 '/ acre tract as described in a deed from August Kreitz a<norm Rudolph Reininger, recorded in Volume 25, page 554 of the Deed Records of Guadalupe County, Texas.. Said 10.13 acre tract out of the southeast comer of a called 60.800 now tract conveyed as follows: % interest to James W. Roberson, Jr, by deed recorded in Volume 1064, Page 1; %. interest to James W. Roberson; Jr, by deed tcoorded in Volume 1077, Page 65; 1/3 interest to James W. Roberson, Jr., 1/3 interest to Patrick Edward Roberson and 1/3 interest to Erick lamas Roberson by deed recorded in Volume 1130, Page 713 of the Official Public Records of Guadalupe County, Texas. Said 10.13 acre being the same land as described In a Quitclaim Deed from James W. Roberson, Jr, to Erik James Roberson, recorded in Volume 1799, Page 29 of the Official Public Records of Guadalupe County, Taxes. (TRACT M) being 38.18 auras of land out of a called 60.800 acre tract out of that certain 163'/ acre tract of land as described in a deed from Auguste Kreitz and wife Rudolph Reintager, recorded in Volume 25, Page 554 of the Deed Reoprds of Guadalupe County, Texas, same being that 163 1/ acre tract of land as described in a deed from Adolph J. Relainger and Iola C. Reininger to Adolph J. Roininger and Iola C. Reininger Living Trust recorded in Volume 972, Page 549 of the Official Records of Guadalupe County, Tom, said Living Trust revoked by instrument in waiting , recorded in Vohrmo 1062, Page 343 of the Official Public Records of Guadalupe County, Texas, . (TRACT.M being the remaining undivided 35,83 acres out of a 55.80 acre tract of land out of the John Noyes Survey No. 259, Abstract No. 253, Guadalupe County, Texas, and being 35.83 acres of land out of that certain 163 '/ acre tract of land described in a deed from August Kreitz and wife to Rudolph Reininger dated October 23, 1905 and 'recorded in Volume 25, Pages 554 -555, Deed Records of Guadalupe County, Texas, being that same 163 % acre tract of land described m a deed from Adolph J, Reininger and Iola C. Roininger to Adolph J. Reininger and Iola C. Reidinger Living Trust' dated October 24, 1991, and recorded in Volume 972, Pages 549 -550, Official Records of Guadalupe County, Texas, said Living Trust being revoked by instrument in writing on July 31, 1993, by Adolph I. Roininger and Iola C. Reiniuger and recorded in Volume 1062, Page 343 of the Official Records of Guadalupe County, Texas, said tract of land being partitioned by Deed of Partition dated October 30, 1995 to Sheri Lee Brumfield Waters from and by In Ann Brumfield and Mchael Alton Brumfield a 10 earn tract of land in fee simple recorded in Volume 1173, Pages 260- 267, Guadalupe County, Texas, said tract of land being further partitioned by Deed of Partition executed as of March 17, 1997 to Michael Alton Brumfield from and by In Ann Brumfield a 10 acre tract of land in fee simple recorded in Guadalupe County, Texas, _ (TRACT V) being a 60.83 acre tract of land out of the Camol M. Gahogan, Jr. Survey Number 25, Abstract Number 142, situated in Guadalupe County, Texas, and being a called 60.800 acre Partition Tract out of those curtain called 163'% acre and 80 sere tract described in the Adolph J: Reininger and Iola C, Roininger Living Trust dated October 24, 1991 and recorded in Volume 972, Page 549 of the Official Public Records of Guadalupe County, Texas, Said 60.800 acres being the same property compiled by the following deeds-to Iola Bosons Smith, recorded w follows; Volume 1064, Paga 119 (one -fourth Interest); Volume 1077, Page 69 (one -forth interest) Volume 1500, Page 791 (one -thud interest in remaining 30.04 acres); Volume 1503, Page 805 (one-third interest in remaining 30.04 acres) and Volume 1503, Paga 809 (one-third interest In remaining 30,04 acres) all in the Official Public Records of Guadalupe County, Texas. Said 60.83 acres also being the same land as described as 60,800 acres in a dmd from Iola Deanna Smith to William N. Waltz and James 0. Stutz, recorded in Volume 1503, Page 813 of the Official Public Records of Guadalupe County, Texas, Said 194.56 acm tract being more particularly described by metes and bounds as follows; PAGE 1 OF 4 EXHIBIT c BEGINNING at.a mm.half .inch steel pin4bund at the point of intersection of the southeast -line of Fmboesa Road (a privately htninteined rigbt,ofiway), and the' northwest line of tho afbmsald 163 % acre tract; with the center lino of a 60' wide Road Easement lmown as Iola Way, for the north comer of a called 55.80 acre tract as described in a deed' from Iola C. Roininger to Jo Am Brumfield, recorded In Volume 1064, Page 119 and Volume 1077, Page 73 of the Official Public Records bf Guadalupe County, Texas. Said point also being the nort8 comerofa called' I0.000 acre tract as described ire a deed from Jo Am BrumGald and Mohael Alton BrhhmEold -to Shorio Lea Brumfield Waters, recorded In Volume 1173, Page 260 of the Official Public Records of Guadalupe County, Texas. Said point also being the west comer of the aforesaid 60.800 acres in a deed from Iola Deanna Smith to RrhWam N. Weft and James 0. Stmtz, recorded in Volume. 1503, Pago 813 of the Official Public Records of Guadalupe County, Texas. THENCE with the southeast line of Froboese Road (a privately umsialained right -0f -way) and the northwest lino ofthe aforesaid 163' /. acre tenet and the northwest line of the aforementioned 80 acm tract, North 64' 27' 49" Bast a distance of 1100.56 feet to a ono half inch steel pin found for the west comer of a called 80 acre tract as described in a deed from Norman Sehuetz and Evelyn Schantz to B, A. Sanders and Agnes Senders, recorded in Volume 328, Page 254 of the Deed Records of Guadalupe, County, Texas, and being the north comer of the herein described 194.56 acretrad. THENCE with the common line of this tract and the aforesaid 80 acre Sanders tmat the following twee calls; South 24' 35' 18" East a distance of 915.17 feet to a one half inch steel pin found for an interior comer of this tract; North 54' 13' 09" East 'a distance of 1024.08 feet to a ono half inch steel pin set for the eastern most north comer of this tract and South 24' 42' 57" East, a distance of 968:40 foot to a one halt' inch stool pin Wood for the north comer of a called 60.800 acre tract as'described in the following deeds to Nancy Am Pinder, Volume 1064, Page, 119; Volume 1078, Page 387 and Volume 1306, Page 477 all of the Official Public Records of Guadalupe Cdunty, Texas cod being the east comer of this tract. THENCE cutting across the aforesaid 80 and 163'' /, am tracts, with the northwest line of the Nancy Am Pinder 60.800 acres and the southeast lino of the Iola Deanna Smith 60.800 acre tract, South 66' 50' 26" West, a distance of 2092.08 feet to a one half inch stool pin found In the centerline of Iola Way for the west comer of tub Nducy Am Pinder' 60.800'acres, the, north comer of a called'60.800 acre tract as described in a deed to James W. Roberson, Jr., recorded in Volume 1064, Page 119; Volume 1077, Page, 65 and Volume 1130, Page 713 all being in the Official Public Records of Guadalupe County, Texas. Said point also being the west comer of the aforesaid Jo Am Brumfield 55.80 arm tract and the south comer . of the Iola Demons. Smith 60.800 acre tract and being an interior comer of the herein described 194.56 am tract. THENCE with the southwest line of the aforesaid 60.800 acme Pinder Tmot South 25' 21' 48" East a distance of 683.67 That to a one half inch steel pin set for the north comer of a called 10.13 acre tract as described in a Quickclalm Deed to Erik Samos Roberson, recorded in Volume 1799, Page 29 of the Official Public Records of Guadalupe County, Texas, THENCE with the southwest line of the aforesaid 60.800 acre Finder Tract South 25' 21' 48" East, a distance of 709.21 fact to acne half inch steel pin found for the east comer of a called 10.13 arm tract as described in a Quiekelahn Deed to Erik James Roberson, recorded in Volume 1799, Page 29 of the Official Public Records of Guadalupe County, Texas, being in a fence line the southeast line of the afomsaid 163 % acre tract; the northwest line of a 20 foot wide strip of laud as described in deeds to Tho Haggard Company, recorded in Volume 647, Pago 251 and Volume 647, Page 253 of the Official Public Records of Guadalupe County, Texas also being the South comer of a called 50.800 acre tract as described in deeds to Nancy Am Pinder and Husband, Thomas Bdvrin Finder recorded as %a interest in Volume 1064, Page 115 and hG Interest in Volume 1078, Page 387 of the Official recorded as Records of Guadalupe County, Texas, said point being the souther most east comer oftbis 194.56 acre tract, THENCE with the southeast line of the aforesaid 163 '/ acre tract also being the southeast line of the aforesaid 60.800 acre tract and the northwest line of The haggard Company 20 foot wide strip of land the following two calls; South 60' 18' 11" West a distance of 92.39 feet to a one half inch steel pin found and South 60' 37' 07" West a distance of 505.99 feet to a one half Inch steal pin set for the south comer Of the herein described 194.56 acre tract and being on the northeast line of a 1.65 acre (60 foot wide Road Access Easement). THENCE with the fenced southeast line of the aforesaid 163'/ acre tract, South 60' 31' 52" West a distance of 60.00 feet to a one half inch stool pin found for the east comer of a called 7.000 acre tract m described In a deed to Eleanor Laverne Roberson, recorded in Volume 1894, Page 873 of the Official Public Records of Guadalupe County, Texas. PAGE 2OF4 THENCE with the northeast line of the aforesaid 7.000 acre tract, North 290 27' 40" West, a distance of 489.45 feet to a one half inch steel pin set for the north comer of the aforesaid 7.00 acre tracL THENCE with the northwest line of the aforesaid 7.000 acre tract, South 6V 36' 24" West a distance of 623,29 That to a one half inch steel pin foudd for the west comer of the 7.000 acre tract and being on the northeast line of a called 10.000 acre tract as described in a deed to Eleanor Lavema Roberson (one -half interest), recorded in Volume 1894, Page 878 of the Official Public Records of Guadalupe County, Texas. 'THENCE cuttiugumoss the aforesaid 10.00 acre tract, South 600 36' 24" West, a distance of 464.59 feet to a one half inch stool pin set for the western most south comer of the herein described tract and being on the southwest line of the aforesaid 163 '% um treat THENCE with the southwest lira of this tract North 25° 04' 06" West, a distance of 441.04 feet to a one half inch steel pin found for the west comer of the aforesaid 10.000 acre tract; North 75' 05' 20" Nest a distance of 625.48 feet to a one half inch steel pin found; North 24° 59' 20" West a distance of 207.90 feet to a one half inch steel pin found for the east comer of a called 49.4 acres in a deed from Hugo Zuercher and wife, Bliss Zucmbcr to Elsa Zuercher and husband, Eugene Frobosse, recorded In Volume 338, Page 6 of the Deed Records of Guadalupe County, Taxes, for an interior comer of this tract. Said point also being the north comer of a called 25 acres tract as described in a deed from Roland W. Man at al to Harvey E. Hess, at al, recorded in Volume 323, Page 46 of the Deed Records of Guadalupe County, Texas. THENCE with the southeast line of the aforesaid 49.4 acre tmct South 640 05' 47" West, a distance of 1364.14 feet to a fence comer post found on the northeast right -of-way line of Eckert Road for the south comer of the herein described 49.59 ecru tract. THENCE along the northeast rightof -way line of Eckart Road, North 250 29' 19" West, a distance of 1562.62 feet to a feces comer post found at a cutback at the intersection ofthe northeast right -of -way line of Eckert Road and the southeast line of (County Road No. 376D) Fmboesc Road. - THENCE with said cutback, North 31e 47' 56" East a distance of 25.80 feet to a fence comer post found for a comer of the herein described 49.59 acre track THENCE along the southeast Tina of (County Road No. 376D) Froboose Road, North 64° 19' 50" Rest, a distance of 1360.11 feet at a one half inch steel pin found at a fence comer post in the southeast line of County Road No. 376D, Froboese Road for the west comer of a called 3.164 acre tract as described in a deed from In Ann Brumfield to Shorie Lee Brumfield Waters and Michael Alton Brumfield, recorded in Volume 1544, Page 1 of the Official Public Records of Guadalupe County, Taxes, and being the north comer of the 49.4 acres tract. THENCE with the northeast line of the aforesaid 49.4 acres tract and the southwest lira of the aforesaid 3.164 acre tract South 24° 42' 28" Fast a distance of 208.79 feet to a one half inch steel pin faced for the south comer of the aforesaid 3.164 acre hot and being is west comer of a called 5.00 acre tract as described In a decd from Adolph J. Reinh gar and Iola C. Reininger to In Ann Brumfield, recorded in Volume 1050, Page 448 of the Official Public Records of Guadalupe County, Texas. THENCE continuing with the northeast than of the aforesaid 49.4 acre tract and the southwest line of the aforesaid 5.00 acre tract South 24° 53' 11" East a distance of 330.25 feet to a one half inch steal pin found for the south comer of the aforesaid 5.00 acre tract and being the west comer of a tha' called remaining 45.800 acres of land as described in a Deed of Partition from Shona Lee Brumfield Waters to ID Ann Brumfield and Michael Alton Brumfield, recorded in Volume 1173, Page 260 of the Official Public-Records of Guadalupe County, Texas, for an interior comernfthis tract. THENCE with the southeast line of the aforesaid 5,000 acre tract, North 640 28' 13" East, a distance of 660.12 fdet to a one half inch steel pin found for the east line of the aforesaid 5.000 acrd tract and being on the southwest line of a called 10.000 acre tract as described in a deed to Sherie Lee Brumfield Waters, recorded in Volume 1173, Page 260 of the Official Public Records of Guadalupe 'County, Texas. THENCE with the southwest Had of the aforesaid 10.000 acre tract, South 24° 57' 42" Bast a distance of 250.59 fact to a one half inch steel pin found for the south comer of the aforesaid 10.000 acre tract. PAGE3OF4 THENCE with the southeast line of the said 10.000 acre tract, North 64° 21' 41" East, a distance of 552.60 feet to a one half inch steel pin found for the east comer of the aforesaid 10.000 acre tract and being the south comer of a called 10.000 acre tract as described in a deed to Mrchael Alton Brumfield, recorded in Volumo 1262, Page 233 of the Official Public Records of Guadalupe County, Texas, T- HEfvCE With the southeast lino of the aforesaid Mrohacl Alton Brumfield 10.000 acre tract, North 64° 17' 41" East, a distance of 554.57 feet to a one half inch steel pin found in the conterlinc of a60 foot wide Road Basoment known as Iola Way (Private Road) for the eastern most north comer of the herein described 35.83 acre tract end being the out comer of the aforesaid 10,000 acre tract. Said Point also being on the southwest line of a called 60.800 acre tract w described in a deed to William N. Wets and James 0. Startz, recorded in Volume 1503, Page 813 of the Official Public Records of Guadalupe County, Texas. THENCE with the conterline of Iola Way, North 250 09' 47" West, a distance of 787.29 feet to the place of BEGINNING. Bearings based on deed recorded in Volume 1064, Page 1 of the Official Public Reoords of Guadalupe Couty, Texas. . (All pins set with red cap stamped No. 4724) J, Jerry D. Wilde, Jr., hereby certify that these field notes were prepares from an on the ground survey mado under my direction and supervision on August 9, 2005. Jerry D. Wilde, Jr. Registered Professional Land Surveyor No. 4724 PAGE 4 OF 4 if B �� t m ggs yy mi� �T € o od° Ay ?"a "�•� °,y0 � Sio ��1 i x• i9 SN E /If r�e /ICJ v •x ax � \ 9 • �``y^ / B CJl i as e L 101J1 G w `` iJd �� `� !�6 d S •\ �i1 �\ g .I�y4• 6 !II i f�